Victorian Current Acts

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Expert evidence

S. 50(1) amended by No. 68/2009 s. 51(q).

    (1)         If the accused intends to call a person as an expert witness at the hearing of the charge, the accused must serve on the informant in accordance with section 392 and file in court a copy of the statement of the expert witness in accordance with subsection (2)—

        (a)     at least 7 days before the day on which the contest mention hearing is to be held; or

        (b)     if there is no contest mention hearing, at least 7 days before the summary hearing; or

        (c)     if the statement is not then in existence, as soon as possible after it comes into existence.

    (2)     The statement must—

        (a)     contain the name and business address of the witness; and

        (b)     describe the qualifications of the witness to give evidence as an expert; and

        (c)     set out the substance of the evidence it is proposed to adduce from the witness as an expert, including the opinion of the witness and the acts, facts, matters and circumstances on which the opinion is formed.


Section 177 of the Evidence Act 2008 provides for certificates of expert evidence.

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